Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 47
Wednesday, March 23, 2005
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Biron, Bryden, Buchanan, Carney, Carstairs, Chaput, Christensen, Comeau, Cook, Cools, Corbin, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Grafstein, Harb, Hays, Hubley, Johnson, Joyal, Kelleher, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Munson, Murray, Oliver, Pearson, Pépin, Plamondon, Poulin (Charette), Prud'homme, Rivest, Robichaud, Rompkey, Smith, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Biron, Bryden, Buchanan, *Callbeck, Carney, Carstairs, Chaput, Christensen, Comeau, Cook, Cools, Corbin, *Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Grafstein, Harb, Hays, *Hervieux-Payette, Hubley, *Jaffer, Johnson, Joyal, Kelleher, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Munson, Murray, *Nolin, Oliver, Pearson, Pépin, Plamondon, Poulin (Charette), Prud'homme, Rivest, Robichaud, Rompkey, *St. Germain, *Sibbeston, Smith, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt,
PRAYERS
SENATORS' STATEMENTS
Tributes
Tribute was paid to the memory of the Honourable Irvine Barrow, former Senator, whose death occurred March 17, 2005.
Senators' Statements
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Introduction and First Reading of Senate Public Bills
The Honourable Senator Moore presented a Bill S-28, An Act to amend the Bankruptcy and Insolvency Act (student loan).
The bill was read the first time.
The Honourable Senator Moore moved, seconded by the Honourable Senator Biron, that the bill be placed on the Orders of the Day for a second reading two days hence.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-41, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2005.
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
With leave of the Senate,
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, that the bill be read the third time now.
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate has passed this Bill.
Second reading of Bill C-42, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2006.
The Honourable Senator Day moved, seconded by the Honourable Senator Furey, that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
With leave of the Senate,
The Honourable Senator Day moved, seconded by the Honourable Senator Joyal, P.C., that the bill be read the third time now.
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate has passed this Bill.
Third reading of Bill C-18, An Act to amend the Telefilm Canada Act and another Act.
The Honourable Senator Chaput moved, seconded by the Honourable Senator Munson, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
Resuming debate on the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Losier-Cool, for the third reading of Bill S-18, An Act to amend the Statistics Act;
And on the motion in amendment of the Honourable Senator Comeau, seconded by the Honourable Senator Cochrane, that Bill S-18 be not now read a third time but that it be amended in clause 1, on page 1, by replacing line 8, with the following:
"between 1910 and 1918 is no longer subject to''.
After debate,
The Honourable Senator Moore moved, seconded by the Honourable Senator Furey, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Adams, Andreychuk, Atkins, Banks, Buchanan, Carney, Comeau, Corbin, Di Nino, Eyton, Forrestall, Kinsella, LeBreton, Lynch-Staunton, Mahovlich, Meighen, Moore, Oliver, Plamondon, Prud'homme, Rivest, Stollery, Stratton—23
NAYS
The Honourable Senators
Austin, Bacon, Carstairs, Chaput, Christensen, Cook, Day, Fairbairn, Fitzpatrick, Fraser, Furey, Harb, Hubley, Lapointe, Léger, Losier-Cool, Mercer, Milne, Munson, Pearson, Pépin, Poulin, Robichaud, Rompkey, Smith—25
ABSTENTIONS
The Honourable Senators
Lavigne, Trenholme Counsell—2
The Senate resumed debate on the motion the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Losier-Cool, for the third reading of Bill S-18, An Act to amend the Statistics Act;
And on the motion in amendment of the Honourable Senator Comeau, seconded by the Honourable Senator Cochrane, that Bill S-18 be not now read a third time but that it be amended in clause 1, on page 1, by replacing line 8, with the following:
"between 1910 and 1918 is no longer subject to''.
After debate,
The question being put on the motion in amendment it was negatived on the following vote:
YEAS
The Honourable Senators
Andreychuk, Atkins, Buchanan, Comeau
Cools, Di Nino, Eyton, Forrestall, Johnson, Keon, Kinsella, LeBreton, Lynch-Staunton, Meighen, Oliver, Plamondon, Prud'homme, Rivest, Stratton—19
NAYS
The Honourable Senators
Adams, Austin, Bacon, Banks, Biron, Carstairs, Chaput, Christensen, Cook, Day, De Bané, Fairbairn, Fitzpatrick, Fraser, Furey, Harb, Hubley, Lapointe, Lavigne, Léger, Losier-Cool, Mahovlich, Mercer, Milne, Moore, Munson, Pearson, Pépin, Poulin, Robichaud, Rompkey, Stollery, Trenholme Counsell, Watt—34
ABSTENTIONS
The Honourable Senators
Corbin—1
WRITTEN DECLARATION OF ROYAL ASSENT
At 5:33 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
March 23, 2005
Mr. Speaker:
I have the honour to inform you that the Right Honourable Adrienne Clarkson, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 23rd day of March, 2005, at 4:56 p.m.
Yours sincerely,
Curtis Barlow
Deputy Secretary Policy, Program and Protocol
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Wednesday, March 23, 2005
An Act to implement an agreement, conventions and protocols concluded between Canada and Gabon, Ireland, Armenia, Oman and Azerbaijan for the avoidance of double taxation and the prevention of fiscal evasion (Bill S-17, Chapter 8, 2005).
An Act to provide for real property taxation powers of first nations, to create a First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute and to make consequential amendments to other Acts (Bill C-20, Chapter 9, 2005)
An Act to establish the Department of Public Safety and Emergency Preparedness and to amend or repeal certain Acts (Bill C-6, Chapter 10, 2005)
An Act to amend the Federal-Provincial Fiscal Arrangements Act and to enact An Act respecting the provision of funding for diagnostic and medical equipment (Bill C-39, Chapter 11, 2005)
An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2005 (Bill C-41, Chapter 12, 2005)
An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2006 (Bill C-42, Chapter 13, 2005)
An Act to amend the Telefilm Canada Act and another Act (Bill C-18, Chapter 14, 2005)
Bills
The Senate resumed debate on the motion the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Losier-Cool, for the third reading of Bill S-18, An Act to amend the Statistics Act.
The Honourable Senator Stratton moved, seconded by the Honourable Senator LeBreton, that debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill C-3, An Act to amend the Canada Shipping Act, the Canada Shipping Act, 2001, the Canada National Marine Conservation Areas Act and the Oceans Act.
The Honourable Senator Moore moved, seconded by the Honourable Senator Furey, that the bill be read the second time.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Forrestall, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 6 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Forrestall, seconded by the Honourable Senator Carney, P.C., for the third reading of Bill S-14, An Act to protect heritage lighthouses.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
Orders No. 2 to 9 were called and postponed until the next sitting.
Ordered, That notwithstanding rule 27(3), Order No. 10 (Bill S-20) remain on the Order Paper for another fifteen consecutive sitting days.
Private Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Robichaud, P.C., for the second reading of Bill S-25, An Act to amend the Act of incorporation of The General Synod of the Anglican Church of Canada.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, that the bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the sixth report of the Standing Committee on Internal Economy, Budgets and Administration (budgets of certain committees) presented in the Senate on March 22, 2005.
The Honourable Senator Furey moved, seconded by the Honourable Senator Day, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the seventh report of the Standing Committee on Internal Economy, Budgets and Administration (economic increase for unrepresented employees) presented in the Senate on March 22, 2005.
The Honourable Senator Furey moved, seconded by the Honourable Senator Moore, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the sixth report of the Standing Senate Committee on Energy, the Environment and Natural Resources (budget—study on emerging issues) presented in the Senate on March 22, 2005.
The Honourable Senator Banks moved, seconded by the Honourable Senator Corbin, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the fifth report of the Standing Senate Committee on Transport and Communications (budget—study on the Canadian news media) presented in the Senate on March 22, 2005.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Carstairs, P.C., that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the fifth report of the Standing Committee on Internal Economy, Budgets and Administration (budget of Rules, Procedures and the Rights of Parliament committee) presented in the Senate on March 10, 2005.
The Honourable Senator Furey moved, seconded by the Honourable Senator Stollery, that the report be adopted.
The question being put on the motion, it was adopted.
Orders No. 6 and 7 were called and postponed until the next sitting.
Other
Orders No. 58 (motion), 15 (inquiry), 85 (motion), 12, 6 (inquiries), 78, 69 (motions), 11, 2, and 13 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Cools calling the attention of the Senate to:
(a) November 6, 2004, the sixtieth anniversary of the assassination of Walter Edward Guinness, Lord Moyne, British Minister Resident in the Middle East, whose responsibilities included Palestine, and to his accomplished and outstanding life, ended at age 64 by Jewish terrorist action in Cairo, Egypt; and
(b) to Lord Moyne's assassins Eliahu Bet-Tsouri, age 22, and Eliahu Hakim, age 17, of the Jewish extremist Stern Gang LEHI, the Lohamei Herut Israel, translated, the Fighters for the Freedom of Israel, who on November 6, 1944 shot him point blank, inflicting mortal wounds which caused his death hours later as King Farouk's personal physicians tried to save his life; and
(c) to the 1945 trial, conviction and death sentences of Eliahu Bet-Tsouri and Eliahu Hakim, and their execution by hanging at Cairo's Bab-al-Khalk prison on March 23, 1945; and
(d) to the 1975 exchange of prisoners between Israel and Egypt, being the exchange of 20 Egyptians for the remains of the young assassins Bet-Tsouri and Hakim, and to their state funeral with full military honours and their reburial on Jerusalem's Mount Herzl, the Israeli cemetery reserved for heroes and eminent persons, which state funeral featured Israel's Prime Minister Rabin and Knesset Member Yitzhak Shamir, who gave the eulogy; and
(e) to Yitzhak Shamir, born Yitzhak Yezernitsky in Russian Poland in 1915, and in 1935 emigrated to Palestine, later becoming Israel's Foreign Minister, 1980-1986, and Prime Minister 1983-1984 and 1986-1992, who as the operations chief for the Stern Gang LEHI, had ordered and planned Lord Moyne's assassination; and
(f) to Britain's diplomatic objections to the high recognition accorded by Israel to Lord Moyne's assassins, which objection, conveyed by British Ambassador to Israel, Sir Bernard Ledwidge, stated that Britain "very much regretted that an act of terrorism should be honoured in this way,'' and Israel's rejection of Britain's representations, and Israel's characterization of the terrorist assassins as "heroic freedom fighters''; and
(g) to my recollections, as a child in Barbados, of Lord Moyne's great contribution to the British West Indies, particularly as Chair of the West India Royal Commission, 1938-39, known as the Moyne Commission and its celebrated 1945 Moyne Report, which pointed the way towards universal suffrage, representative and responsible government in the British West Indies, and also to the deep esteem accorded to Lord Moyne in the British Caribbean.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Prud'homme, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Banks moved, seconded by the Honourable Senator Day:
That the Standing Senate Committee on National Security and Defence be empowered, in accordance with Rule 95(3), to sit on Tuesday, April 5 and Wednesday April 6, 2005, even though the Senate may then be adjourned for a period exceeding one week.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator LeBreton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Banks moved, seconded by the Honourable Senator Carstairs, P.C.:
That the Standing Senate Committee on National Security and Defence be empowered, in accordance with rule 95(3), to sit on Monday, April 11, 2005, even though the Senate may then be adjourned for a period exceeding one week.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Di Nino:
That, pursuant to Rule 95(3), the Standing Senate Committee on Human Rights be authorized to meet on Monday, April 11, 2005 even though the Senate may then be adjourned for a period exceeding a week.
After debate,
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That when the Senate adjourns today, it do stand adjourned until Tuesday, April 12, 2005 at 2 p.m.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the Employment Equity Act (Labour) for the year 2004, pursuant to the Act, S.C. 1995, c. 44, s. 20.—Sessional Paper No. 1/38-435.
Report on the administration of the Supplementary Retirement Benefits Act for the fiscal year ended March 31, 2004, pursuant to the Act, R.S.C. 1985, c. S-24, s. 12.—Sessional Paper No. 1/38-436.
Order amending Part I of Schedule I to the Hazardous Products Act (Yo-yo type balls), pursuant to the Act, R.S.C. 1985, c. H-3, sbs. 7(1).—Sessional Paper No. 1/38-437.
ADJOURNMENT
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:34 p.m. the Senate was continued until Tuesday, April 12, 2005 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Trenholme Counsell substituted for that of the Honourable Senator Callbeck (March 22).